The Constitutional Court of Bosnia and Herzegovina has held today the 148th ordinary session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.
Of decisions it adopted today, the Constitutional Court has singled out the following:
AP-3589/20 – The Constitutional Court found a violation of the appellant's right to a fair trial as the Cantonal Court in Livno examined the first instance judgment in the part not challenged by the appeal without giving any reasoning as to why it goes beyond the rule non ultra petitum (not beyond the request).
AP-4268/20 – The Constitutional Court found a violation of the appellants' right to a fair trial as the Municipal and Cantonal Court in Sarajevo have arbitrarily substantiated their decisions and have placed a subsidiary guarantee in an equal position with a solidary guarantee.
AP-1007/21 – The Constitutional Court found a violation of the right to a fair trial as to the part relating to the decision on annual vacation allowance. This was so as the regular courts have made arbitrary application of the rule on burden of proof as they concluded that the appellant, as an employee, is required to prove he was on vacation in order to be entitled to the annual vacation allowance.
AP-1131/22 – The Constitutional Court found a violation of the right to personal freedom and security of person as the regular courts have failed to state specific circumstances justifying the conclusion that the appellant’s release would result in extraordinary circumstances due to actual (not abstract) threat to a public order.
All decisions adopted at today’s session will be delivered to the appellants within one month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.
